[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 849 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 849

To amend the Age Discrimination in Employment Act of 1967 to reinstate 
    an exemption for certain bona fide hiring and retirement plans 
    applicable to State and local firefighters and law enforcement 
                   officers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 1995

    Mr. Fawell (for himself, Mr. Owens, Mr. Goodling, Mr. Clay, Mr. 
   Ballenger, Mr. Petri, Mrs. Roukema, Mr. Hoekstra, Mr. Sawyer, Mr. 
     Martinez, Mr. Kildee, Mr. Talent, Mrs. Meyers of Kansas, Mr. 
   Knollenberg, Mr. Payne of New Jersey, Mr. Weldon of Florida, Mr. 
    Graham, Mr. Gene Green of Texas, Mr. McDermott, Mr. Engel, Ms. 
    Slaughter, Mr. Andrews, and Ms. Eddie Bernice Johnson of Texas) 
 introduced the following bill; which was referred to the Committee on 
                 Economic and Educational Opportunities

_______________________________________________________________________

                                 A BILL


 
To amend the Age Discrimination in Employment Act of 1967 to reinstate 
    an exemption for certain bona fide hiring and retirement plans 
    applicable to State and local firefighters and law enforcement 
                   officers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Age Discrimination in Employment 
Amendments of 1995''.

SEC. 2. REINSTATEMENT OF EXEMPTION.

    (a) Repeal of Repealer.--Section 3(b) of the Age Discrimination in 
Employment Amendments of 1986 (29 U.S.C. 623 note; Public Law 99-592) 
is repealed.
    (b) Exemption.--Section 4(j) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 623), as in effect immediately before 
December 31, 1993--
            (1) is hereby reenacted as such, and
            (2) as so reenacted, is amended by striking ``attained the 
        age'' and all that follows through ``1983, and'', and inserting 
        the following:
        ``attained--
                    ``(A) the age of hiring or retirement in effect 
                under applicable State or local law on March 3, 1983; 
                or
                    ``(B) if the age of retirement was not in effect 
                under applicable State or local law on March 3, 1983, 
                55 years of age; and''.

SEC. 3. STUDY AND GUIDELINES FOR PERFORMANCE TESTS.

    (a) Study.--Not later than 3 years after the date of enactment of 
this Act, the Chairman of the Equal Employment Opportunity Commission 
(in this section referred to as ``the Chairman'') shall conduct, 
directly or by contract, a study that will include--
            (1) a list and description of all tests available for the 
        assessment of abilities important for completion of public 
        safety tasks performed by law enforcement officers and 
        firefighters,
            (2) a list of such public safety tasks for which adequate 
        tests do not exist,
            (3) a description of the technical characteristics that 
        performance tests must meet to be compatible with applicable 
        Federal civil rights Acts and policies,
            (4) a description of the alternative methods available for 
        determining minimally acceptable performance standards on the 
        tests described in paragraph (1),
            (5) a description of the administrative standards that 
        should be met in the administration, scoring, and score 
        interpretation of the tests described in paragraph (1), and
            (6) an examination of the extent to which the tests 
        described in paragraph (1) are cost effective, safe, and comply 
        with Federal civil rights Acts and regulations.
    (b) Advisory Guidelines.--Not later than 4 years after the date of 
enactment of this Act, the Chairman shall develop and issue, based on 
the results of the study required by subsection (a), advisory 
guidelines for the administration and use of physical and mental 
fitness tests to measure the ability and competency of law enforcement 
officers and firefighters to perform the requirements of their jobs.
    (c) Consultation Requirement; Opportunity for Public Comment.--(1) 
The Chairman shall, during the conduct of the study required by 
subsection (a), consult with--
            (A) the United States Fire Administration,
            (B) the Federal Emergency Management Agency,
            (C) organizations that represent law enforcement officers, 
        firefighters, and their employers, and
            (D) organizations that represent older individuals.
    (2) Before issuing the advisory guidelines required in subsection 
(b), the Chairman shall allow for public comment on the proposed 
guidelines.
    (d) Development of Standards for Wellness Programs.--Not later than 
2 years after the date of the enactment of this Act, the Chairman shall 
propose advisory standards for wellness programs for law enforcement 
officers and firefighters.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000.

SEC. 4. EFFECTIVE DATES.

    (a) General Effective Date.--Except as provided in subsection (b), 
this Act shall take effect on the date of the enactment of this Act.
    (b) Special Effective Date.--Section 2(b)(1) shall take effect on 
December 31, 1993.
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